United States v. Plaster

OPINION

JONES, District Judge.

The question in this criminal case is whether collateral estoppel bars the government from prosecuting the defendant for false swearing committed at a prior sentencing hearing, when the judge at sentencing accepted the defendant’s testimony on the factual dispute at issue. Based on the circumstances of this case, I hold that collateral estoppel does apply and dismiss the prosecution.

I

The defendant, Clifford Eugene Plaster, pleaded guilty in a prior criminal case in this court to being a felon in possession of a firearm. At sentencing, on September 22, 1997, before…